DOJ, FBI to Monitor Foreign Web Sites for IP Piracy

The White House on Tuesday unveiled an intellectual property strategy that, among other things, will include an examination of international Web sites that traffic in counterfeit products.

The White House on Tuesday unveiled an intellectual property strategy that, among other things, will include an examination of international Web sites that traffic in counterfeit products.

"Now, more than ever, we need to protect the ideas, artistry, and our reputation for quality, provide our businesses with the incentives to make each new product better, reduce crimes related to intellectual property infringement and keep dangerous counterfeits out of our supply chain to protect our citizens," Victoria Espinel, U.S. intellectual property enforcement coordinator, said in a statement. "Strong intellectual property enforcement will help us to accomplish that."

Espinel joined Attorney General Eric Holder, Vice President Joe Biden, and other top administration officials at the White House today to introduce the plan. It is intended to help coordinate the various agencies working on IP as well as ensure the products available on the U.S. market are safe, Espinel wrote in a blog post.

The strategy includes more than 30 recommendations, which fall into six categories. Among those categories is a push to secure the supply chain. This, Espinel wrote, will include monitoring foreign Web sites selling fake or stolen goods.

"We will take a close look at the unique problems posed by foreign-based Web sites and other entities that provide access to counterfeit or pirated products, and develop a coordinated and comprehensive plan to address them," Espinel wrote. "We will make sure our law enforcement has the authority it needs to secure the supply chain and also encourage industry to work collaboratively to address unlawful activity on the Internet, such as illegal downloading and illegal Internet pharmacies."

Every year, the U.S. Trade Representative produces its Special 301 report, which includes a "Notorious Markets" list of Internet and brick-and-mortar sites that have already been the subject of IP enforcement or might require an investigation. As part of the strategy announced Tuesday, USTR will continue to produce its Special 301 report, but will also partner with Espinel to find ways to further publicize and expand the Markets list.

The strategy acknowledged the difficulties in policing IP infringement overseas. Espinel's office will work with other agencies, like DOJ and the FBI, to "develop a coordinated and comprehensive plan" to address enforcement actions, an effort that will include U.S. law enforcement, diplomatic and economic agencies working overseas, and the U.S. government working with the private sector.

"The integrity of health and safety products and trade secrets must be protected. The FBI is committed to pursuing those groups and individuals who steal, manufacture, distribute or otherwise profit from intellectual property theft," Gordon M. Snow, assistant director of the FBI's Cyber Division, said in a statement.

"The Department, along with its federal, state and local partners, is confronting this threat with a strong and coordinated response at home and abroad to ensure American entrepreneurs and businesses continue to develop, innovate and create," said AG Holder.

Earlier this year, Holder formed a Department of Justice task force on IP, which will work with Espinel on this effort, he said. In July, the task force will hold a joint workshop with Customs and Border Protection. In September, DOJ will partner with the National White Collar Crime Center for a one-day IP crime enforcement outreach event in California for state and local officials.

In April, DOJ appointed 15 new Assistant U.S. Attorney positions and 20 FBI Special Agents to be dedicated to combating domestic and international IP crimes.

Espinel also said the government will review its current efforts for IP enforcement "in support of U.S. businesses that have difficulty enforcing their intellectual property rights in overseas markets, with a particular focus on China."

The other principles include various internal procedures. Espinel promised to lead by example and "work to ensure" that the U.S. government does not buy counterfeit products. She also pledged to be transparent and provide updating on the development of an enforcement policy, as well as coordinate with law enforcement at every level. The government will "spend your money wisely" and track how much the government spends on IP enforcement.

"We are surprised that no one appears to be recognizing the broader economic debate on this issue. A proper enforcement strategy would ensure that legitimate innovation is not being squashed by an overly broad, overly zealous crackdown," CCIA president and CEO Ed Black said in a statement. "Balanced intellectual property will promote innovation, investment, and civic discourse, while ensuring that intellectual property rights holders are fairly treated."

The Copyright Alliance, which includes AT&T, Sony Pictures, Time Warner, Viacom, the MPAA and the RIAA among its members, applauded the move.

"The stakes are high. Millions of Americans in all 50 states depend on strong copyright laws and enforcement of those laws to keep their jobs viable. As our economy continues to emerge from the crisis of the last 18 months, the creative sector offers good-paying jobs in a broad cross section of fields, both in direct jobs and support jobs," the group said in a statement. "A sustained, effective effort to support intellectual property rights as the valuable commodity they are will not only help maintain existing jobs, it will provide the backbone of future growth and productivity as well."

Chloe Albanesius has been with PCMag.com since April 2007, most recently as Executive Editor for News and Features. Prior to that, she worked for a year covering financial IT on Wall Street for Incisive Media. From 2002 to 2005, Chloe covered technology policy for The National Journal's Technology Daily in Washington, DC. She has held internships at NBC's Meet the Press, washingtonpost.com, the Tate Gallery press office in London, Roll Call, and Congressional Quarterly. She graduated with a bachelor's degree in journalism from American University...
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